The Auckland District Court sentenced former Commercial Property Manager Christopher David Green (66) to five months’ home detention on June 14.
Mr Green’s offending occurred between 2003 and 2010 when he was responsible for ensuring the portfolio of premises that his employer occupied around New Zealand, were appropriately insured.
Herbert Insurance Group (HIG), acted as insurance broker for Mr Green’s employer.
He was formerly Commercial Property Manager at Bunnings Warehouse Limited (Bunnings); the Australian based home improvement Supply Company. Mr Green’s role included procuring insurance for the portfolio of premises that Bunnings occupied around New Zealand.
Mr Green corruptly received secret commissions from HIG totalling approximately $220,000 for referring insurance business to HIG.
His employer was consequently over charged by that sum. He retained approximately $142,000 of that amount and is alleged to have returned the balance over charged to Mr Herbert (the principal of HIG) personally.
Mt Green’s offending was identified in the course of a wider investigation of HIG.
Mr Herbert faces additional charges arising out of that investigation and these are before the Court.
Mr Green pleaded guilty in February to eight charges brought by the Serious Fraud Office (SFO) under Section 4 of the Secret Commissions Act.
Acting SFO Chief Executive Simon McArley said, “Offending of this nature adds to the cost of doing business in New Zealand and is a drain on our economy. SFO is focused on reducing the impact of economic crime on our economy and so will continue to prioritise dealing with bribery and corruption of this type.”
The offence
Section 4 of the Secret Commissions Act says that : Acceptance of such gifts by an agent is an offence
(1) Every agent is guilty of an offence who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, or solicits from any person, for himself or for any other person, any gift or other consideration as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to the principal’s affairs or business (whether such act is within the scope of the agent’s authority or the course of his employment as agent or not), or for showing or having shown favour or disfavour to any person in relation to the principal’s affairs or business.
(2) Every agent who diverts, obstructs, or interferes with the proper course of the affairs or business of his principal, or fails to use due diligence in the prosecution of such affairs or business, with intent to obtain for himself or for any other person any gift or other consideration from any person interested in such affairs or business, shall be deemed to have corruptly solicited a consideration within the meaning of this section.
Serious Fraud Office Press Release
